Los Angeles Cyclists, “Hug The Curb” Don’t “Take The Lane”

We all have seen bicyclists riding through the canyons in the middle of traffic lanes.  Just last Sunday morning, on Topanga Canyon, I saw cyclists (roadies) riding single file in the middle of the lane all the way down to PCH.  These roadies were not concerned about blocking traffic and most likely were more worried about debris and other hazards near the curbs like drainage ditches, potholes and suddenly opening car doors on a narrow and curvy highway without a designated bike lane or enough room for cyclists and motorists to safely share the lane.  Nevertheless, though many cyclists believe that occupying the middle of the lane is safer because they are more visible, the truth is that riding in the middle of the road is strictly prohibited by California law and might even get the roadie ticketed.

Cyclists are required to “hug the curb,” pursuant to California Vehicle Code § 21202.  This section states that roadies: “shall ride as close as practicable to the right-hand curb or edge of the roadway.”

There are various exceptions to this rule, the most applicable being that one does not need to be on the far right

  • “when overtaking and passing another bicycle or vehicle proceeding in the same direction,
  • when preparing for a left turn,
  • when reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand curb” or
  • [where the lane is] too narrow for a bicycle and a vehicle to travel safely side by side.

The interpretation on the law by many Los Angeles County Sheriff’s Deputies means that they will ticket cyclists for riding two abreast in the canyons and even on PCH.

Similarly, Deputies and Officers have unfairly interpreted the law as it relates to what is legally permissible cycling through bus lanes.  Cyclists have been harassed by the Los Angeles County Sheriff’s Department for abiding by the law and riding in the right-hand lane.  When riding in the right lane, a roadie was ticketed by a deputy sheriff who erroneously claimed that the cyclist should not have riding in the far right lane because it was a bus lane – and this was recent, in May 2016.

Of course, members of law enforcement must be respected and these issues should be brought to the attention of the local Sheriff’s station’s watch commander or other applicable police agency.  There also is a possibility to that a law enforcement officer having a bad day could issue a ticket to a roadie just for arguing.

In an extreme scenario, “arguing” with law enforcement could result in a cyclist being subjected to excessive force.  If so, The Drexler Law Firm also specializes in law enforcement excessive force.

We, at The Drexler Law Firm, support and respect law enforcement; we also firmly believe in asserting and prosecuting cyclists’ rights, to the fullest extent the law permits.  On a personal level, David Drexler is grateful to the law enforcement officers and paramedics who rendered emergency aid at the scene and called for him to be air lifted when he was in a severe accident while riding and was struck by a speeding motorcyclist.

Roadies should know their rights and The Drexler Law Firm recommends that all cyclists familiarize themselves with applicable portions of the Vehicle Code (many of which are discussed in this blog).  Some applicable portions of the Vehicle Code, like those referenced above, can be confusing.  If you have any questions, we invite you to contact The Drexler Law Firm, or your local law enforcement office.  Do your diligence before getting on you bike.  Following the laws – and knowing your rights – can help you get out of a ticket and, most importantly, keep you safe!

Disclaimers:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction.  This blog is not intended to, and does not, create an attorney client relationship, an offer of employment or a guarantee of success for clients of The Drexler Law firm.  No information or representation contained in this post should be construed as an offer of employment, guarantee of success or the creation of an attorney client relationship with The Drexler Law firm, nor as legal advice from The Drexler Law Firm or the individual author.  No reader of this post should act, or refrain from acting, on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer in the corresponding jurisdiction.

There are time deadlines during which a case must be brought, according to your jurisdiction or state, and failing to abide by the jurisdictional statute of limitation rules can result in your case being time-barred.


 

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Meet David Drexler

 

See also, David Drexler’s blog entitled: “Overview: Automobile Accidents.”

 

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